BILL NUMBER: SB 50	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Lieu

                        DECEMBER 19, 2012

   An act to amend Sections 741, 742, and 742.3 of the Public
Utilities Code, relating to telecommunications.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 50, as introduced, Lieu. Telecommunications: pay telephones.
    (1) Existing law requires an owner or operator of a
coin-activated telephone for public use, which is not a telephone
corporation and which provides operator-assisted services by other
than a telephone corporation tariffed to provide those services, to
post on or near the telephone equipment certain information, as
prescribed.
   This bill would apply this provision to a credit or debit
card-activated telephone.
    (2) Existing law requires the Public Utilities Commission to
adopt and enforce operating requirements, as prescribed, for
coin-activated and credit card-activated telephones available for
public use owned or operated by corporations or persons other than
telephone corporations.
   This bill would apply this provision to debit card-activated
telephones.
    (3) Existing law requires the Public Utilities Commission to
adopt and enforce, as prescribed, an operating requirement for
coin-activated and credit card-activated telephones available for
public use, whether owned by telephone corporations or persons other
than telephone corporations, that requires every telephone to display
a notice that surcharges may apply to operator-assisted and calling
card calls.
   This bill would apply this provision to debit card-activated
telephones.
   (4) Because the provisions of this bill would be a part of the
Public Utilities Act and because a violation of an order or decision
of the Public Utilities Commission implementing its requirements
would be a crime, the bill would impose a state-mandated local
program by creating a new crime.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 741 of the Public Utilities Code is amended to
read:
   741.  Every owner or operator of coin-activated  or credit or
debit card-activated  telephones available for public use, other
than a telephone corporation, which, as part of the service
furnished, provides operator-assisted services by other than a
telephone corporation having tariff schedules on file with the
commission providing for the furnishing of operator-assisted services
shall cause to be posted on or near the telephone equipment so as to
be easily seen by telephone customers all of the following
information:
   (a) The name of the provider of operator-assisted services and a
toll-free telephone number for contacting that provider.
   (b) The applicable charges for each available operator-assisted
service.
   (c) That the provider of operator-assisted services will respond
to inquiries concerning the terms and conditions of any available
service.
  SEC. 2.  Section 742 of the Public Utilities Code is amended to
read:
   742.  (a) The commission shall, by rule or order, adopt and
enforce operating requirements for coin-activated  and
  or  credit  or debit  card-activated
telephones available for public use owned or operated by corporations
or persons other than telephone corporations. These requirements
shall include, but are not limited to, all of the following:
   (1) A requirement that the telephone corporation furnishing
service to the corporation or person owning or operating a
coin-activated or credit  or debit  card-activated telephone
terminate service for any violation of the commission's rules or
orders or of this section, upon a determination by the commission
that the violation was a significant or repeated violation. Any
determination by the commission leading to a termination of service
shall be made in accordance with commission rules or orders adopted
pursuant to this subdivision.
   (2) A requirement that every telephone permit a caller to be
connected with the operator personnel of any telephone corporation
authorized by the commission to operate within a service area by
dialing the numeral "0" and with the emergency services switchboard
reached by dialing the numerals "911" without insertion of any coin.
   (3) A requirement that every telephone contain instructions for
both local and long distance dialing, the name of the owner or
operator of the telephone, and the telephone number of that owner or
operator to which complaints can be made.
   (4) A requirement that every telephone display its telephone
number or other identification number, as determined by the
commission, and the address at which the telephone is located, on the
telephone in a place where that information may be seen by a person
using the telephone.
   (b) The commission shall require every telephone corporation which
publishes a directory of subscribers to include in that directory
information comprising the substance of this section and the rules
and orders of the commission adopted pursuant to this section.
  SEC. 3.  Section 742.3 of the Public Utilities Code is amended to
read:
   742.3.  The commission shall, by rule or order, adopt and enforce
an operating requirement for coin-activated and credit  or debit
 card-activated telephones available for public use, whether
owned by telephone corporations or persons other than telephone
corporations, which requires that every telephone display a notice
that surcharges may apply to operator-assisted and calling card
calls. The required signage shall be phased in over a period of two
years beginning on January 1, 1993. A sticker with the necessary
notification may be used as an interim measure until January 1, 1995.

  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.